Jiyaul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34558 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== JIYAUL HAQUE Son of Dosh Mahammad Resident of village - Indragachhi, P.S. - Sangrampur, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Sahni, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sangrampur P.S. Case No. 43 of 2023 dated 28.01.2023, instituted for the offence punishable under Sections 341, 323, 325, 307, 379, 504/34 of the Indian Penal Code.
3. The prosecution story, in brief, is that on 25.01.2023 at about 7:30 pm, the informant along with his brother Rustam Ansari went to petitioner's house and demanded payment of due amount of Rs. 15,000/- but petitioner ordered his brother to kill them. Petitioner assaulted informant and his brother with iron rod and cause injury to their head and left eye respectively. Other co-accused person assaulted Najiya Khatoon when she came to their rescue and also snatched her gold chain of worth Rs. 20,000/-.
Patna High Court CR. MISC. No.34558 of 2023(2) dt.24-06-2023 2/2
4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in this case. It is further submitted that all the three injured persons were examined by Medical officer and all injuries were found simple in nature. It is further submitted that allegation levelled against the petitioner is due to demand of dues amount. Lastly, it has been submitted that the petitioner is in custody since 11.03.2023, has no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. and learned counsel for the informant vehemently opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari in Sangrampur P.S. Case No. 43 of 2023. (Khatim Reza, J) Sankalp/- U T